What is the straight to claim the new belongings and you may/otherwise home after divorce or separation Thai Spouse?

Directly on property and you will/or family after divorce case Thai Wife

Even as we had been handled breakup number just like the 2003, we constantly obtained practical question that can new non-native claim the latest home and you will/or family he ordered and joined they not as much as Thai wife’s label whenever its split up within the Thailand.

You to definitely as to why when they partnered with Thai Spouse, they’re going to register and you may endorse the fresh new title-deed throughout the Thai Wife’s title.

And on the time of the transfer registration, the Land Office will asked the foreigner husband signed one page of paper to confirm that “the money that use for this land is not come from the foreigner husband and it does not consider as Relationship Property”

I together with highly recommend that read information on the divorce process from here understand exactly how our system try: Separation in the Thailand

“…In the event of question about if a home try Relationships Property or perhaps not it should be thought to-be Wedding Possessions”

Probably the land and its own strengthening has actually given the newest Defendant’s term simply, but it is the house or property the Accused obtained in Offender partnered on Plaintiff. Very, simple fact is that assets that the Offender therefore the Plaintiff has gotten during the matrimony according to the Civil and you will Industrial Password Area 1474 (1).

The money that spent for bought the land and house is the Plaintiff’s money. The Plaintiff bought the land and house for living together with the Defendant when travel to Chiang Mai to visit the parent of the Defendant. But the Plaintiff cannot use his name to own the land, because the Plaintiff is the foreigner. The Seller, the Plaintiff’s friend and the land officer advised to use the Defendant’s name to be act as a buyer and owner of the land. So, in order to complete the such transaction, the Klikk for ГҐ finne ut mer new Plaintiff have to offer confirmation on house administrator you to definitely the money one to spent to buy new home and you can home is an only individual assets otherwise individual property of Accused and that isn’t a married relationship Possessions otherwise joint possessions. Otherwise, the land officer will not proceed to registration. Once received the title deed, it has been safe keep with the Plaintiff. In case the Plaintiff wish to give it as individual property to the Defendant, the Plaintiff should give the title deed to the Defendant as well. As the Plaintiff is the person who kept the title deed and the Plaintiff intent to buy it for living together with the Defendant at Chiang Mai, it is showing that the Plaintiff has not intent to give to the Defendant as her individual property. But the Plaintiff intent to make it to be as Marriage Property. And according to the Section 1474 has specified that …In case of doubt as to whether a property is Marriage Property or not it shall be presumed to be Marriage Property… So, the Plaintiff and the Defendant has equally share on the land and house.

Completion

In case you bought the new land in the Thai Wife’s term, and you have given the verification on Land-office because of the affirm that cash is perhaps not come from you. It doesn’t mean you try not to claim after all.

You might difficulty for the Thai Family Legal by the exhibiting within the the way you purchased that it family because you intent to use it to own coping with your own Thai wife.

Therefore, toward separation go out you are entitle to have it half of once the they section of Relationship Possessions that need to be divided.

And please allow your lawyer to refer Finest Courtroom acquisition no. to possess site in your situation since it advantage to your.